Feb42026
Probate Q&A Series

How do I handle a creditor claim from a relative that doesn’t include receipts, invoices, or proof my parent owed the money? – North Carolina

Short Answer

In North Carolina estate administration, a personal representative can require a creditor—including a relative—to provide enough detail and support to show the debt is real, owed by the decedent, and for a specific amount. If the claim is not supported, the personal representative can reject it in writing, which generally forces the claimant to file a lawsuit within a short deadline or the claim can be barred. The safest approach is to keep everything in writing, request documentation, and follow the statutory notice-and-rejection process through the Clerk of Superior Court estate file.

Understanding the Problem

In a North Carolina probate estate, a personal representative may receive a creditor claim from a family member that lists a dollar amount but does not include receipts, invoices, a promissory note, or other proof that the decedent actually owed the money. The decision point is whether the personal representative must treat that claim as payable, or whether the personal representative can demand support and, if it is not provided, reject the claim using the probate process administered through the Clerk of Superior Court.

Apply the Law

North Carolina law requires creditor claims against an estate to be presented in a specific written form and within the creditor-claims period that runs from the published Notice to Creditors. After a claim is presented, the personal representative—not the clerk—makes the initial decision to allow, dispute, refer, or reject the claim. When the personal representative doubts a claim’s validity, the personal representative can request an affidavit and supporting information, and can reject the claim in writing; after written rejection, the claimant generally has a limited time to sue the estate or lose the claim.

Key Requirements

  • Proper written claim: The claim should be in writing and state the amount (or item/relief requested), the basis for the claim (why the money is allegedly owed), and the claimant’s name and address.
  • Timely presentment: The claim must be presented within the deadline stated in the estate’s Notice to Creditors (the notice date controls the claims period).
  • Support when validity is questioned: When a claim is not self-proving (for example, a relative’s informal “loan” allegation), the personal representative can require additional support—commonly an affidavit and documents—before deciding whether to pay or reject it.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the personal representative expects the estate to receive funds from another estate, with incoming funds held in a law firm trust account rather than a separate estate bank account. That setup does not change the core creditor-claim analysis: a relative still must present a proper, timely written claim, and the personal representative still decides whether the claim is valid and supported. If the relative’s claim lacks receipts, invoices, a written loan agreement, or other proof, the personal representative can request an affidavit and documentation and, if the claim remains unsupported, reject it in writing and require the claimant to pursue the matter in court within the statutory deadline.

Process & Timing

  1. Who files: The claimant (the relative) presents the claim in writing. Where: The claim is typically delivered to the personal representative (at the address listed in the Notice to Creditors) and/or filed in the estate file with the Clerk of Superior Court in the county where the estate is being administered. What: A written claim stating the amount, the basis, and the claimant’s contact information. When: By the deadline stated in the published Notice to Creditors (the notice must give at least three months from first publication).
  2. Personal representative review: The personal representative reviews the claim for (a) whether it was timely, (b) whether it is actually a debt of the decedent (not a family “understanding”), and (c) whether the amount is supported. When the claim is questionable, the personal representative can request supporting documents and an affidavit stating the amount due, that it is unpaid, and whether any offsets or credits apply.
  3. Allow, negotiate, or reject: If the claim remains unsupported, the personal representative can send a written rejection. After written rejection, the claimant generally must file a civil action within three months of the rejection notice or the claim can be barred.

Exceptions & Pitfalls

  • “No paperwork” does not automatically mean “no debt”: Some legitimate debts are not documented like a bank loan. But the claim still needs a clear basis and a provable amount. Vague statements like “the decedent promised to pay me back” often require much stronger proof to justify payment from estate funds.
  • Do not pay questionable claims too early: Paying a disputed or poorly supported claim before the creditor-claims period ends can create problems if other valid claims appear later or if the estate turns out to be insolvent. Estates pay claims in a statutory priority order, and early payment can expose the personal representative to disputes.
  • Rejection must be handled carefully: A rejection should be in writing and delivered in a way that can be proven (commonly certified mail). If the rejection process is sloppy, the estate can end up litigating deadlines instead of the merits.
  • Claims may be filed even if late: The clerk may accept a late-filed claim into the estate file. The personal representative still decides how to respond, including asserting timeliness defenses where appropriate.
  • Keep the estate accounting clean even if funds are held in trust: When incoming estate funds are held in a trust account, the personal representative should still track each receipt and disbursement as an estate transaction and avoid paying any creditor without a clear paper trail supporting the decision.

For more background on handling claims during administration, see how creditor claims work in probate and, for a common comparison point, handling a credit-card company’s claim against an estate.

Conclusion

In North Carolina, a relative’s creditor claim is not automatically payable just because it is made. The claim should be in proper written form, timely presented under the Notice to Creditors, and supported enough to show the decedent owed a specific amount. When proof is missing, the personal representative can request an affidavit and documentation and, if the claim still cannot be verified, reject it in writing—after which the claimant generally must sue within three months. Next step: send a written documentation request and calendar the rejection-and-lawsuit deadlines.

Talk to a Probate Attorney

If you’re dealing with a family member’s creditor claim that lacks paperwork, our firm has experienced attorneys who can help you understand your options and timelines and document a defensible decision. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.